Service Charge Deposits Under Tenancy Law in The Hague
As a tenant in The Hague, you often pay a monthly service charge deposit to your landlord. This covers shared expenses such as elevator maintenance in high-rise buildings, cleaning in residential complexes across The Hague, or insurance for your apartment. Later, an annual settlement will show the exact costs incurred. This article explains your rights and obligations as a resident of The Hague, along with tips to avoid surprises.
What Are Service Charges and Deposits in The Hague?
Service charges include expenses incurred by the landlord for amenities that enhance living comfort, such as stairwell cleaning in the city center, garden maintenance in Schilderswijk, or heating in Scheveningen. The service charge deposit is a monthly advance payment on top of the base rent, calculated based on estimates to prevent unexpected high bills.
Landlords may only pass on these costs if explicitly stated in your tenancy agreement. Luxury extras, such as an indoor swimming pool in a high-end Hague apartment building, are not permitted.
Legal Rules for Service Charge Deposits
The foundational rules are outlined in Book 7 of the Dutch Civil Code:
- Art. 7:232 Dutch Civil Code: Only reasonable costs, such as maintenance and utilities, may be passed on.
- Art. 7:233 Dutch Civil Code: The contract must include a detailed breakdown of deposits.
- Art. 7:257 Dutch Civil Code: Annual settlement must occur within six months after the service charge year, with adjustments.
- Art. 7:243 Dutch Civil Code: Protection against unreasonable increases in rent or deposits.
If the deposit is missing from the contract or set too high, contact the The Hague Legal Advice Desk or the Rent Tribunal for mediation.
Service Charge Deposits in The Hague: The Process
The process works as follows:
- Tenancy Agreement: Specifies amounts per category, e.g., €30 for cleaning in your cooperative housing association (VvE) complex and €20 for elevator maintenance.
- Monthly Payment: Automatically added to your rent.
- Settlement: Issued within six months with invoices. Overpaid? Refund within three months. Underpaid? Only with proof.
- Increase: Must be announced in writing with justification.
Read more about settlements in our article on service charge settlements in The Hague.
Example 1: Overcharged Deposit in The Hague
You rent a flat on Fahrenheitstraat and pay €60 monthly in deposits. The settlement shows only €400 in actual costs versus €720 prepaid. You claim €320 back. No response? Escalate to the District Court of The Hague or the Rent Tribunal.
Example 2: Prohibited Charges
Your landlord charges €25 for 'premium Wi-Fi' in your Hague apartment. This is optional, not a service charge. Refuse payment and request mediation via the The Hague Legal Advice Desk.
Rights and Obligations for Tenants in The Hague
Rights:
- Demand clear contract specifications.
- Verify settlements against original receipts.
- Refuse unjustified charges, e.g., damage caused by neighbors.
- Request mediation with the Rent Tribunal if deposits exceed 80% of actual costs.
Obligations:
- Pay deposits punctually.
- Respond promptly to settlements.
- Keep your own receipts.
| Aspect | Deposit | Settlement |
|---|---|---|
| Timing | Monthly | Annual, retrospective |
| Amount | Estimated | Exact, with proof |
| Verification | Via contract | Invoices required |
| Adjustment | Offset later | Refund within 3 months |
Frequently Asked Questions for The Hague
Can the landlord increase the deposit arbitrarily?
No, increases must be justified in writing per Art. 7:247 Dutch Civil Code. File an objection with the Rent Tribunal or The Hague Legal Advice Desk.
Is the settlement unreliable?
Check invoices and object in writing within 30 days. Escalate to the District Court of The Hague. Document everything.
Recently moved to The Hague?
Yes, payments start from the move-in date. Pro-rata settlements may apply.
Can deposits be offset against rent?
No, they are separate. Overpayments may be deducted from future rent (Art. 7:257(3) Dutch Civil Code).
Tips for Tenants in The Hague
Avoid disputes:
- Review the contract: Request clarification from the Municipality of The Hague Tenancy Advice if needed.
- Track payments: Use an app or ledger.
- Check settlements immediately: Compare with the contract and receipts.
- Seek help: Call the The Hague Legal Advice Desk for free advice (088-1231230).
- Stay informed locally: Check the Municipality of The Hague website for neighborhood-specific tenancy rules.